Parking is one of the most common sources of tension in homeowners associations (HOAs). With limited space, varied vehicle types, and differing expectations from residents, it’s no surprise that disputes can arise. For HOA boards, having a well-crafted, clearly communicated set of parking rules—and a reliable enforcement process—is essential to maintaining order and harmony in the community.
This article explores how HOAs can craft effective parking rules, enforce them fairly, and resolve common issues while staying compliant with state and local regulations.
The starting point for any enforcement action is the association’s governing documents. These typically include the Declaration of Covenants, Conditions & Restrictions (CC&Rs), bylaws, and community rules. These documents should outline the HOA’s authority to regulate parking and provide the framework for consistent enforcement.
When developing or updating HOA parking policies, specificity matters. Vague language can lead to misunderstandings and inconsistent enforcement. Boards should clearly define:
The goal is to create rules that are enforceable, equitable, and aligned with the aesthetic and operational needs of the community.
Though policies can vary depending on the community’s layout and needs, most HOAs include rules in the following categories:
1. Vehicle Restrictions
Many HOAs prohibit specific vehicle types to maintain community standards. These may include RVs, boats, trailers, or any vehicle displaying commercial signage. This helps ensure a uniform appearance and prevents large or unsightly vehicles from detracting from the neighborhood’s visual appeal.
2. Location Limitations
Rules often dictate where residents and their guests may park. For example, some HOAs prohibit street parking altogether or restrict it to one side of the road to ensure emergency vehicle access. In communities with designated parking spaces or garages, boards may require homeowners to use their assigned spaces.
3. Time-Based Rules
To avoid long-term storage of vehicles in common areas, HOAs may limit how long a car can be parked in the same spot—often 24 or 48 hours. Vehicles that exceed the limit may be subject to warnings or removal, depending on the enforcement policy.
4. Guest Parking Regulations
To ensure fairness and avoid abuse of limited guest parking, many associations require guests to register their vehicles or display temporary permits. Some communities charge for overnight parking or enforce strict time limits on guest use of common parking areas.
5. Speed Limits and Safety Rules
In addition to parking rules, many HOAs impose speed limits on private roads. These limits promote safety, especially in communities with children or high pedestrian activity. Speed rules must be clearly posted and consistently enforced.
6. Garage Usage
Some associations require residents to use garages for parking rather than for storage to minimize on-street congestion. While it may feel invasive, if outlined in the CC&Rs, this rule is generally enforceable.
One frequent question boards face is whether they can control parking on public streets. Generally, if a street is publicly owned and maintained, the HOA does not have authority to regulate parking. Only law enforcement agencies have jurisdiction in such areas. However, if the street is private—meaning the HOA owns and maintains it—the association may regulate parking.
To determine if a street is public or private, boards can consult local property maps or contact the municipality.
Once rules are in place, consistent enforcement is critical. Ineffective enforcement leads to confusion and resident frustration. The following enforcement tools are common in HOAs:
1. Written Warnings and Notices
Start by issuing a written violation notice to the homeowner. The notice should explain the violation, cite the applicable rule, and outline the consequences of continued noncompliance. Allow time for the homeowner to correct the issue before escalating.
2. Fines and Privilege Suspension
If authorized by the governing documents, fines can be issued for repeated or egregious parking violations. Boards may also suspend amenity access for noncompliant owners, provided due process (such as the opportunity for a hearing) is followed.
3. Towing
Towing is a legal but high-stakes remedy. In many states, including California and Florida, HOAs must follow strict notice and documentation procedures before towing. This often includes posting signs, providing advance written notice to the owner, and reporting the tow to local authorities. Towing should be a last resort, reserved for repeat offenders or violations that impact safety or access.
4. Technology Solutions
Some communities use digital tools to streamline parking enforcement. Online portals can issue digital permits, track violations, and generate reports. Automated license plate readers and guest registration platforms can also help reduce manual work and increase transparency.
Even with clear rules, disputes may arise. Here are some of the most common issues and suggested solutions:
Successful parking rule enforcement depends on two things: fairness and communication. Rules must be enforced evenly, regardless of the violator’s status in the community. And homeowners must be informed—through newsletters, websites, and meetings—about parking policies and enforcement procedures.
If your rules are outdated or unclear, take the time to review and update them in collaboration with your legal counsel or management team. Whenever possible, gather input from residents to promote understanding and buy-in.
Conclusion: Creating Fair and Enforceable HOA Parking Rules
Parking issues are among the most frequent—and often contentious—challenges that associations face. Whether it's residents parking in guest spots, disputes over street parking, or the complexities of towing, having clear, enforceable, and legally compliant rules is essential. As a board, your role is to balance enforcement with fairness, ensuring that rules serve the greater good of the community while minimizing conflict.
If your association is struggling with parking enforcement or needs help updating or interpreting your CC&Rs, Gordon James Realty can assist. Our experienced HOA management team provides support with governance, resident communications, and rule enforcement. Learn more about our HOA management services and reach out today to strengthen your community’s operations.
Learn how to respond to HOA violation notices, understand your rights, and resolve disputes through hearings, appeals, or mediation.
Natural disasters are unpredictable—HOAs need the right insurance to protect common areas, residents, and reserves from costly damage and disruption.
We're proud to make partnering with us easy. Contact our team to connect with one of our industry experts and get started today.
